Delhi court restrains Times Now Navbharat from publishing news spread by gangster against AAP MLA Naresh Balyan

A Delhi court has restrained news channel Times Now Navbharat as well as all its channels, newspapers and websites from publishing or broadcasting any news spread by alleged gangster Kapil Sangwan against Aam Aadmi Party (AAP) MLA Naresh Balyan. .Judge Ajay Kumar Malik of Dwarka Courts passed the order on September 6 and said that it will continue to remain in force till the Court decides Balyan's plea against the channel. On August 17, Times Now Navbharat claimed to have obtained audio clip of Balyan speaking with Sangwan. The channel named it 'Operation Paap' and ran a show under the heading 'Sarji ka vidhayak Gangster ka Sahayak'.The audio clip was run on the programme alleging that Balyan was talking to Sangwan and planning extortion..The Court held that the channel did not verify facts/allegations from Balyan and the clip was broadcast without observing the duties attached with the freedom enshrined under Article 19(1)(a) of the Constitution.Sangwan approached the trial court on August 17 the same day that the channel telecast news against him.On that day, the court restrained the channel from further broadcasting of the clip. It issued summons on the suit and listed the case for further consideration the next day. When the case was taken up next, the order was extended to August 23.Times Now Navbharat then moved the Delhi High Court against the order.In a judgement pronounced on August 25, the High Court rejected the channel’s plea and asked them to approach the trial. The High Court asked the trial court to decide the matter within a week if the channel filed its reply before August 28.The trial court then heard the matter on interim relief and held on September 6 that the channel not only broadcast the audio clip but even held a debate whose participants were neither the associates of the alleged gangster nor were they the agency investigating the crime to give their opinion on a national forum without verifying the facts."The defendant itself mentioned in the WS [written statement] that the matter is under investigation with the police of Special Cell against Mr. Sachin Sangwan @ gangster Nandu. Nothing came on record that any FIR has been registered against the plaintiff for any such criminal activity of extortion etc. in connivance with Mr. Sachin Sangwan @ gangster Nandu so balance of convenience also tilts in favour of plaintiff,” the Court observed.It therefore ordered,“For discussion above-stated, the present application of the plaintiff under Order 39 Rules 1 & 2 CPC is allowed. Defendant and his assignees including its agents, associated TV Channels, associated group channels, associated media of any kind including print and electronic, executors, administrators, representative agents etc. are restrained against telecast/broadcast/printing of any such news spread by Kapil Sangwan @ Nandu of Nandu Gang directly by him or through any person/media etc. till final disposal of present suit.”.Advocate NC Sharma, Joginder Sehrawat, Anjali Vashist, Varnika Sharma, Pulak Kathpalia and Vaishali Pawar represented Naresh Balyan.Advocates Balbir Singh Jakhar, Vikram Singh Jakhar, Neeraj Jakhar, Jitender Sapra, Akshayveer Sehrawat and Ronnie S Brara represented Times Now Navbharat. .[Read Judgment]